Terms and conditions

1.0 Introduction

1.1 These terms and conditions (“Terms”) govern the provision of energy assessment and consultancy services by Ecocert (“the Company”) to the Client (“the Client”). By engaging our services, the Client agrees to be bound by these Terms.

1.2 Only The Company is authorised to modify these terms and conditions. Terms and conditions in effect at the time of contract will stay in effect regardless of future updates to the Terms and Conditions issued by The Company.

1.3 The Company does not accept, at any time, Terms and Conditions of Service from third parties.

1.4 1.   Ecocert’s reports and certificates are according to the nationally enforced Building Code of Australia as well as other mandatory national and state building regulations. Ecocert cannot be asked to provide contradicting or fabricated results based on client request or preferences and will always report the most optimised and cost effective solution that can be supplied within the boundaries of building regulations.

2.0 The Role of The Company

2.1 The Company shall provide the Client with the energy assessment and consultancy services as described in the Quote or Invoice.

2.2 The Company retains copyright in all documents provided to the Client, including reports, assessments, or any other deliverables, whether created during the term of this contract or not. The Client is granted rights to use these documents solely for the purpose of the project or development. These rights may be revoked if the Client breaches its obligations outlined in these terms, in which case, the Client shall promptly return all such documents and copies to The Company.

2.3 The Company will maintain the confidentiality of any documents or information provided by the Client, unless otherwise agreed upon.

2.4 The Company warrants that the information supplied to the Client while providing the Services, whether express or implied, shall be accurate and reliable.

2.5 The Company shall observe the requirements to maintain adequate worker’s compensation, public liability, and professional indemnity insurance, as required by applicable laws and regulations.

3.0 The Role of the Client

3.1 The Client shall provide The Company with all necessary and accurate documentation, information, and instructions required to facilitate the provision of the Services.

3.2 The Client agrees to pay The Company the fees and disbursements as described in the Quote or Invoice, within the specified time frame.

3.3 The Client shall appoint a representative who will liaise with The Company. This representative shall have the authority to bind the Client in matters related to the Services.

3.4 The Client shall maintain the confidentiality of any documents or information provided by The Company, unless otherwise agreed upon.

3.5 In the case of two or more clients, all clients are jointly and severally liable for the terms and conditions of this contract.

3.6 The Client warrants that the information supplied to The Company, in the course of providing the Services, including any documentation, is accurate, fit for use, and may be relied upon by The Company and other relevant parties without further examination.

4.0 Agreed Terms

4.1 Lodgement of an assessment with The Company confirms your acceptance of our fee agreement.

4.2 For Corporate Clients, Service Agreements will be reviewed at the commencement of a new financial year.

5.0 Services

5.1 The Company shall provide energy assessment and consultancy services as outlined in the scope of work or proposal provided to the Client.

6.0 Variations

6.1.  The Client may, by written direction, vary the Services or the timing of the Services required, subject to The Company adjusting the fee or the date of completion of the Services (if any) to reflect the variation.

6.2.  The Company may vary the fees or the date for completion of the Services, by written notice to the Client, where such a variation is required because of events outside the control of The Company or due to a breach of this Contract by the Client.

7.0 Quotation

7.1 Fee Proposals provided by The Company are valid for a period of 14 calendar days from the time of their issuance. Further extension of Fee Proposals is negotiable preserving the interests of both contract parties.

7.2 Quotes are not to be disclosed to third parties unless requested by a government authority.

8.0 Payment of Services

8.1. The agreement to the fee quoted should exclude the following:

8.1.1 Change in the scope of the project. Where the scope changes in a substantial way our fee would need to be re-negotiated.

8.1.2 Where the work involved is increased due to changes in Client instruction and the anticipated work programmed is protracted, additional fees shall be charged at an hourly rate.

8.1.3 Expenses and outsourcing are charged out at cost.

8.1.4 If due to Client instruction or another event, a break in continuity or the deferment of the project occurs, then the fee for the Services completed at the time of cessation, shall be determined on a pro-rata basis.

8.2. Should any additional claims be made, charges for these items shall be based on the hourly rate that will be provided to the client prior to the works being undertaken.

8.3. Notwithstanding clause 7.2, final accounts maybe rendered immediately on the completion of the Services.

8.4. The Client shall pay The Company within 14 days of the rendering of a business account or pay prior to The Company commence any work.

8.5. The Company is entitled to an interest of 2% per month on all fees due and not paid within the designated timeframe without relieving the client of the obligation to pay the account. If the client fails to make payment by the due date, The Company reserves the right to cease work and/or withhold delivery to the client, documentation of any work which has been carried out.

9.0 Intellectual Property

9.1 All intellectual property rights, including but not limited to reports, documents, and recommendations, produced as part of the services, shall remain the property of the Company until full payment is received.

10.0 Confidentiality

10.1 Both parties agree to maintain the confidentiality of all information and materials shared during the course of the engagement.

11.0 Liability and Indemnification

11.1 The Company shall not be liable for any consequential, indirect, or special damages arising from the provision of services.

11.2 The Client shall indemnify and hold harmless the Company against any claims, losses, or liabilities arising from the use of the services provided.

12.0 Disputes

12.1. Upon arise of any dispute between The Company and the Client, arising from contracts and agreements between the two parties, this dispute shall be determined by a competent court of law within the State of New South Wales of the Commonwealth of Australia

12.2. Nothing in this clause shall prevent The Company from instituting legal proceedings to recover money owing by the Client to The Company and costs incurred in relation to debt recovery.

13.0 Termination

13.1 The Client may terminate this Contract: Upon giving The Company 7 days written notice of the Client’s intention to do so.

13.2 The Company may suspend the provision of this Contract at its absolute discretion in the event of a breach by the Client of the terms or conditions of this Contract, such breach having not been remedied with 14 days or written notice from The Company.

13.3 Upon termination of agreement, the Client must pay all monies owing for any services provided up to the date of termination.

14.0 Governing Law

14.1 These Terms shall be governed by and construed in accordance with the Australian Consumer Law (ACL).

15.0 Entire Agreement

15.1 These Terms constitute the entire agreement between the parties and supersede any prior agreements, understandings, or representations, whether written or oral.

16.0 Contact Information

16.1 For any questions or concerns regarding these Terms, please contact:

Ecocert: info@ecocert.com.au

These terms and conditions were last updated in October 2023.